Who Pays the Deductible in a Car Accident?

Establishing who pays the deductible in a car accident is a common concern for accident victims. Any time you file a claim with your insurance company, you must pay your policy’s deductible before your insurer pays out on your claim. You might be required to seek compensation – and pay your deductible – even if the accident was not your fault.

That can happen if the at-fault driver fled the accident scene or was uninsured or underinsured. Our law firm helps you avoid paying a deductible if either of these scenarios happens or by helping you build a case for compensation against the at-fault driver. We collect evidence that proves the at-fault driver’s liability. In addition to your deductible, we can help you hold the at-fault driver responsible for a range of recoverable damages.

Why Would I Have to Pay the Deductible If the Other Driver Was At-Fault?

After an accident, we can help you pursue damages from the at-fault driver. The compensation recovery process can take time, though, and you may need to have your vehicle restored before your case is resolved. You can turn to your insurer to pay for your damaged or destroyed vehicle. Doing so means you will pay your deductible, which might happen if:

  • You need your vehicle repaired quickly
  • The driver who caused the accident hit your car and left the scene
  • The at-fault driver disputes their financial liability

If you cannot afford to pay your deductible or choose to have the at-fault driver cover your accident-related expenses and losses, we can help. Our team will help you seek compensation from the at-fault driver’s insurance company or prepare your case for court and represent you at trial.

Request Compensation in Addition to Your Deductible

Your deductible is only one expense we add to your list of recoverable damages. In fact, when we help you build your case for compensation, we charge the at-fault driver and their insurer with repairing or replacing your car. Doing so means you will not have to pursue damages from your insurer or pay a deductible. We also seek recovery of your:

  • Current and future treatment of your injuries
  • Current and future injury-related income loss
  • Physical impairment and lasting disfigurement
  • Required in-home medical or domestic support
  • Current and future physical pain and suffering

Every car accident case and every victim will have a unique set of recoverable damages and a unique case value. When we represent you, we assign a value to your injuries and the monetary expenses and losses that stem from your injuries. To ensure our calculations are accurate, we obtain documents that prove their validity and cost.

Make Your Compensation Request on Time

Getting compensation from a personal injury insurance claim or lawsuit can be challenging – especially if the other party does not admit fault. Like most injured parties, you want to resolve your car accident case as seamlessly as possible. Because the other involved driver caused the accident, the resolution of your case can seem straightforward to you.

The insurance company representing the at-fault driver may not see your case the same way. It will require proof of their policyholder’s liability before discussing a settlement. Our law firm will organize your evidence and present it to the insurance company. We will also make sure we prepare and file your potential lawsuit on time so that you can take your case to court if warranted.

The state’s statute of limitations in injury cases defines the amount of time injured parties have to take legal action. Our personal injury team will explain the statute of limitations that applies to your case, identify any exceptions to the general filing deadline, and ensure your case meets the filing deadline.

Our Legal Team Will Champion Your Fight For Compensation

When you pursue the driver who caused your accident, you can request compensation for other monetary damages. Building an effective case for recovery can be incredibly challenging and involve many moving parts. When our car accident lawyer fights for you, we take care of the case-related details such as:

  • Investigating and reviewing the accident’s cause
  • Reading and reviewing the at-fault driver’s insurance policy
  • Reading and reviewing your insurance policy
  • Obtaining and responding to all case-related communication
  • Representing your interests during settlement negotiations

We start building your case immediately because, with more than 30 years of experience representing injured clients, we understand your desire to resolve your case out of court in the shortest time possible. We also represent you on a contingency fee basis so that you can get your case started without any upfront or out-of-pocket expenses. Early action on your part also avoids the risk of not complying with the statute of limitations.

What Our Clients Say About Us

When you consider hiring our personal injury law firm to manage your request for compensation, reviews like these from our testimonials page provide insight into our client-focused approach to representation:

  • Pablita Feliciano: Pleased with this attorney. I would recommend his services. I would return to this office should I need an attorney in the future.
  • Angela Villalobos: Distasio Law Firm handled my case amazingly…In the end, they got me back more money than I expected. I would highly recommend this firm.
  • Evelyn Santos: Distasio Law Firm has been very professional…It has been a positive and easy process from beginning to end…Thanks so much for all the hard work and support.

Learn more about The Distasio Difference and our commitment to helping every client we represent hold an at-fault driver accountable for negligence.

Review Your Case at No Cost Today

If you or someone you love was hurt in a car accident, our car accident lawyer can help you understand who pays the deductible in a car accident and bears responsibility for your expenses.

We can review your situation and determine if we can help you fight for financial compensation. Call Distasio Law Firm’s case review team at (813) 259-0022 today for a free case evaluation.


Our main office is here in Downtown Tampa, Florida in the Channelside neighborhood. Office in Wesley Chapel and Largo are available by appointment only.

Distasio Law Firm